Henderson v. Allis-Chalmers Manufacturing Co.

I still adhere to the views expressed by me on the original hearing. I accordingly concur in reversing the judgment.

I am unable, however, to agree with Mr. Justice Givens in his construction of the provisions of sec. 44-815, I. C. A. I think the right of action, for damages and penalty, accrues only to the holder of the legal title at the time the demand for satisfaction of mortgage is made, whether that be themortgagor, his grantee, or his heirs.

Our statute (sec. 44-815) is in every substantial respect the same as the Kansas statute, which was under construction inThomas v. Reynolds, 29 Kan.…